Please can i have help reg Trident/RBS

[adam30]

Hi All

 

I have just discovered the forum and wish to ask for some help and advice.

I have missed one payment to RBS on a £4000 debt, which was all my fault...i had a hard month.

The missing payment was due in July and was not made till 10th Aug and my Aug payment has been made today. So in terms of payments i am not in arrears, the agreement i had with RBS was a good one, no fines or interest for 12 months, i was in the 8th month and missed the 1 payment.

But i have discovered in the late post that my account has been passed over to Trident, from what i have read they are a collection dept on behalf of RBS.

I am able to continue making monthly payment as before of £70 but from what ive read Trident will bully for much more.

Trident are demanding full payment or i have to phone their office to agree to a monthly amount.

 

I understand phone calls are a NO NO, can someone please advise what i should next in order to continue the previous agreement, is it possible?

RBS will NOT discuss it with me.

 

Please help am worried.

 

Thank you

Adam

[debt4get]

if possible i would continue to make the monthly payments on time to the original account at RBS this seems awfully heavy handed of them to have passed it to a dca after only missing one payment....if RBS are this intransigent...it is difficult..however they are not going to take you too court if you are paying every month...trying to bully you out of the full amount is a pointless exercise and they know this....i would write to them explain the situation and tell them you will be paying the 70 quid every month..remember this is your money not theirs....

[adam30]

Thanks for the reply.

 

So are you saying i should just write to RBS and state as the single arrear payment has been met can we pls continue with the agreement?

 

Should i also write to Triton and inform them of the letter to RBS, should i be stating anything else to Triton?

 

Thanks very much

Adam

[harrassed senior]

As long as you are back on track and paying on time then I do not see a problem. As has been said this is very high handed, have you even received a Default Notice from RBS, I would think it highly unlikely. You might want to check the 'small print' on your copy of the Agreement, and see what it says about missed payments. What has happened is that your last payment and their letter have 'crossed in the post'.

[adam30]

The small print of my agreement states if i default on any monthly payments then the account will be passed onto a DCA.

I received a letter on the 4th of Aug about missed payment from RBS and was able to make payment on the 10th via intenet banking and this seems to be the end result of my late payment.

Its difficult cause RBS wil not discuss the account with me by phone. I will write RBS la letter and post it to them tommorow asking them to reconsider as my account is no longer in arrears and no other missed paments have occoured.

 

But should i write to Triton and if so what should i say, just explain the situation or wait ti hear from RBS?

[Bazooka Boo]

And don't foget, WE the public OWN 84% of this bank, so tell them to go play on the motorway, youv'e already bailed them out once!

Give Steven Hester a kick.

[Bazooka Boo]

Don't ask them, 'tell them', just bare in mind that we own 84% of that bank, so they are not in any position to be calling the shots here, you are.

 

Just state in your letter, that as you are now up to date with your payments, no dispute exists, and if they fail to call off their in house collection team, you will write to Steven Hester and ask that he personally takes a vested interest in rectifying this matter, as your local branch seems unwilling and unable to do so.

[adam30]

Thank you for the support, wisdom and attitude.

I really appreciate it.

[Bazooka Boo]

They don't!

Different now the boots on the other foot, gets right on my wick...!

 

Royal Bank of Scotland (RBS Group) Stephen Hester [email protected] http://www.rbs.co.uk

[patrickq1]

Temper Temper BBo..... correct you write to RBS and explain your case, but keep a copy as you may need it, also keep the letter you have received and also the envelope, both important

if RBS refuse to discus then you let them know you will be applying to the courts for a time order lol that will screw them cause a judge would see their actions as very unreasonable and reduce you payments also may even freeze the intrest on the missed payment and to boot ask you to pay it over the remaining years, make sure all mail is recorded delivery, and send a harrassment letter for good measure to triton, after all triton are the inhouse solicitors..

patrickq1

[adam30]

Hi All

Having sent a letter to RBS recorded yesterday which they will receive today i am still receiving calls from trident 5x a day on my mobile. What is the danger of Trident sending bailiffs round to my house?

Is there anythng else i can do in the meantime?

Thanks

Adam

[Bazooka Boo]

Absolutely NO danger what so ever, they can't and they won't so don't worry about it.

 

For bailiffs to come to your house, you will need to have first gone to court and be awarded a CCJ, you then have to fail to pay toward the CCJ, they then have to go back to court and get the permission of a Judge to order court certified bailiffs to go to your property, AND, even then you DO NOT have to let them into your property.

 

So if they are threatening you with bailiffs report them to http://www.consumerdirect.gov.uk/contact

They are attempting to exploit your lack of knowledge.

[adam30]

Many thanks for that, its very annoying how they phone very 2 bloody hours.

[debt4get]

if they do ring just refuse to go through their stupid security questions...if they ask why? just say i refuse to give personal information over the phone to anyone...in writing only byeeeeeee

[harrassed senior]

Get a whistle, and as soon as you realise it is them, blow as hard as you can into the receiver, that ought to stop them

[Bazooka Boo]

HS that is very childish! I would certainly expect much better from you.

A whistle down the phone? NO!

Have you access to an air horn?

 

I find the best way to deal with them is to answer their ridiculous, so called, 'security questions' then laugh at their next statement, which is normally, 'when can you pay this amount'.

 

Utter utter fools, why would you honestly believe I would pay you or your company a single queens shilling?

[Jasper1965]

The consumer credit act is quite clear on this matter:

 

Consumer 8 Credit Act 2006 (c. 14)

 

 

9 Notice of sums in arrears under fixed-sum credit agreements etc.

After section 86A of the 1974 Act (inserted by section 8 of this Act) insert—

“Sums in arrears and default sums

86B Notice of sums in arrears under fixed-sum credit agreements etc.

(1) This section applies where at any time the following conditions are

satisfied—

(a) that the debtor or hirer under an applicable agreement is

required to have made at least two payments under the

agreement before that time;

(b) that the total sum paid under the agreement by him is less than

the total sum which he is required to have paid before that time;

© that the amount of the shortfall is no less than the sum of the last

two payments which he is required to have made before that

time;

(d) that the creditor or owner is not already under a duty to give

him notices under this section in relation to the agreement; and

(e) if a judgment has been given in relation to the agreement before

that time, that there is no sum still to be paid under the

judgment by the debtor or hirer.

(2) The creditor or owner—

(a) shall, within the period of 14 days beginning with the day on

which the conditions mentioned in subsection (1) are satisfied,

give the debtor or hirer a notice under this section; and

(b) after the giving of that notice, shall give him further notices

under this section at intervals of not more than six months.

(3) The duty of the creditor or owner to give the debtor or hirer notices

under this section shall cease when either of the conditions mentioned

in subsection (4) is satisfied; but if either of those conditions is satisfied

before the notice required by subsection (2)(a) is given, the duty shall

not cease until that notice is given.

(4) The conditions referred to in subsection (3) are—

(a) that the debtor or hirer ceases to be in arrears;

(b) that a judgment is given in relation to the agreement under

which a sum is required to be paid by the debtor or hirer.

(5) For the purposes of subsection (4)(a) the debtor or hirer ceases to be in

arrears when—

(a) no sum, which he has ever failed to pay under the agreement

when required, is still owing;

(b) no default sum, which has ever become payable under the

agreement in connection with his failure to pay any sum under

the agreement when required, is still owing;

© no sum of interest, which has ever become payable under the

agreement in connection with such a default sum, is still owing;

and

(d) no other sum of interest, which has ever become payable under

the agreement in connection with his failure to pay any sum

under the agreement when required, is still owing.

(6) A notice under this section shall include a copy of the current arrears

information sheet under section 86A.

(7) The debtor or hirer shall have no liability to pay any sum in connection

with the preparation or the giving to him of a notice under this section.

(8) Regulations may make provision about the form and content of notices

under this section.

(9) In the case of an applicable agreement under which the debtor or hirer

must make all payments he is required to make at intervals of one week

or less, this section shall have effect as if in subsection (1)(a) and © for

‘two’ there were substituted ‘four’.

(10) If an agreement mentioned in subsection (9) was made before the

beginning of the relevant period, only amounts resulting from failures

by the debtor or hirer to make payments he is required to have made

during that period shall be taken into account in determining any

shortfall for the purposes of subsection (1)©.

(11) In subsection (10) ‘relevant period’ means the period of 20 weeks

ending with the day on which the debtor or hirer is required to have

made the most recent payment under the agreement.

(12) In this section ‘applicable agreement’ means an agreement which—

(a) is a regulated agreement for fixed-sum credit or a regulated

consumer hire agreement; and

(b) is neither a non-commercial agreement nor a small agreement.”

 

 

In short you would have to miss TWO payments before the OC are lawfully entitled to even send you a notice of arrears and begin the default process, technically the first payment missed is nothing more than 'late' until the second payment falls due.

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/showthread.php?264228-GE-Eversheds-defending-PPI-claim&p=3095969#post3095969

 

a bit of help on this thread would be great thanks guys

patrickq1

[harrassed senior]

HS that is very childish! I would certainly expect much better from you.

A whistle down the phone? NO!

Have you access to an air horn?

 

I find the best way to deal with them is to answer their ridiculous, so called, 'security questions' then laugh at their next statement, which is normally, 'when can you pay this amount'.

 

Utter utter fools, why would you honestly believe I would pay you or your company a single queens shilling?

 

 

http://www.youtube.com/watch?v=GSQxZC-0FiQ

[Bazooka Boo]

http://www.youtube.com/watch?v=GSQxZC-0FiQ

 

I'm not even going to ask how you found that !!!!